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HomeMy WebLinkAbout2002-05-01; Planning Commission; Resolution 51721 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 5172 A RES.OLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORMA, RECOMMENDING ALLOW AN APARTMENT PROJECT ON PROPERTY GENERALLY LOCATED NORTH OF MARRON ROAD BETWEEN EL CAMINO REAL AND AVENIDA DE ANITA IN LOCAL FACILITIES MANAGEMENT ZONE 2. CASE NAME: THE SUMMIT AT CARLSBAD CASE NO.: SDP 00- 17 WHEREAS, Marron Road Ventures, LLC, “Developer,” and has filed a verified application with the City of Carlsbad regarding property owned by Robert Patrick Kelly, Richard Carroll Kelly, and Azalea Partnership, “Owner” has filed a verified application with the City of Carlsbad regarding property described as APPROVAL OF SITE DEVELOPMENT PLAN SDP 00-17 TO Parcel 2 of Parcel Map No. 4838, in the City of Carlsbad, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County, June 18, 1976 as file/page no. 76-190384 of official records. That portion of Lot 3 of Section 32, Township 11 South, Range 4 West, San Bernardino base and meridian, according to official plat thereof being in the City of Carlsbad, County of San Diego, State of California. Those portions of Lots 3 and 4 in Section 32, Township 11 South, Range 4 West, San Bernardino meridian, in the City of Carlsbad, County of San Diego, State of California. (“the Property”); and WHEREAS, said verified application constitutes a request for a Site Development Plan as shown on Exhibit(s) “A” - “R” dated April 3,2002, on file in the Planning Department, THE SUMMIT AT CARLSBAD - SDP 00-17, as provided by Chapter 21.06/Section 2 1.53.120 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 3rd day of April 2002 and on the 1st day of May 2002, hold a duly noticed public hearing as prescribed by law to consider said request; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Site Development Plan. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning Commission RECOMMENDS APPROVAL of THE SUMMIT AT CARLSBAD - SDP 00-17, based on the following findings and subject to the following conditions: Findinm: 1. That the requested use is properly related to the site, surroundings and environmental settings, is consistent with the various elements and objectives of the General Plan, will not be detrimental to existing uses or to uses specifically permitted in the area in which the proposed use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that the proposed site is located in proximity to other multiple family projects of equal or greater density and the project is required to reserve 11.27 acres as a wildlife habitat corridor in accordance with the City’s draft Habitat Management Plan and mitigate wetland impacts. The project exceeds the density permitted by the RM General Plan designation by 68 units; however, the project satisfies the criteria for allowing density increases in that it is in proximity to SR78 and a major NCTD transit center, commercial services and employment opportunities, and served by or conditioned to construct adequate facilities. The project is also consistent with Council Policy 43 priorities to allow projects to utilize excess dwelling units available in the northeast quadrant in that the project proposes 29 affordable units available to families with incomes that are 60% of the area median income (AMI), it is in close proximity to commercial services and transit centers; and the infill project is compatible with surrounding development. 2. That the site for the intended use is adequate in size and shape to accommodate the use, in that the project is clustered within 8.61 acres of the total 20.65 acres so that 11.27 acres of open space is preserved and lot coverage of only 26% of the 8.61 acres is well below the 60% allowed. 3. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that all required minimum setbacks are exceeded, perimeter iron rail with pilaster fencing and landscape screening is provided, and enhanced architecture is provided. PC RES0 NO. 5172 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. That the street systems serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the additional ADT generated by the project will not reduce road segment or intersection levels of service to below the City’s threshold level of “D” or better. 5. That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). 6. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: Note: 1. 2. 3. 4. 5. Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of grading permit. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City’s approval of this Site Development Plan. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Site Plan documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. The Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. Developer shall implement, or cause the implementation of, the Project Mitigation Monitoring and Reporting Program. PC RES0 NO. 5 172 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6. 7. 8. 9. 10. 11. 12. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney’s fees incurred by the City arising, directly or indirectly, from (a) City’s approval and issuance of this Site Development Plan, (b) City’s approval or issuance of any permit or action, whether discretionary or non- discretionary, in connection with the use contemplated herein, and (c) Developer/Operator’s installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City’s approval is not validated. The Developer shall submit to the Planning Director a reproducible 24” x 36”, mylar copy of the Site Plan reflecting the conditions approved by the final decision making body. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the School District that this project has satisfied its obligation to provide school facilities. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 2 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. This approval is granted subject to the approval of the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, ZC 00-11 and HDP 00-13 and is subject to all conditions contained in Planning Commission Resolutions No. 5171 and 5173 for those other approvals. This approval shall become null and void if building permits are not issued for this project within 18 months fiom the date of project approval. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. Housing 13. Prior to the approval of the final map for any phase of this project, or where a map is not being processed, prior to the issuance of building permits for any lots or units, the Developer shall enter into an Affordable Housing Agreement with the City to provide and deed restrict 29 dwelling units as affordable to lower-income households at 60% AMI for a minimum of fifty-five (55) years, in accordance with the requirements and process set forth in Chapter 21.85 of the Carlsbad Municipal Code and to participate in the Section 8 Rental Assistance Voucher Program and to accept vouchers for all PC RES0 NO. 5 172 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 restricted affordable units, if made available to a tenant for rent subsidy purposes. The additional 8 affordable units above the project inclusionary housing requirement of 21 units shall not be marketed by the developer to any other development. The draft Affordable Housing Agreement shall be submitted to the Planning Director no later than 60 days prior to the request to final the map. The recorded Affordable Housing Agreement shall be binding on all hture owners and successors in interest. 14. Developer shall construct the required inclusionary units concurrent with the project’s market rate units, unless both the final decision making authority of the City and the Developer agree within an Affordable Housing Agreement to an alternate schedule for development. Landscape 15. 16. 17. 18. 19. 20. Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City’s Landscape Manual. Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Department and accompanied by the project’s building, improvement, and grading plans. A three foot high privet hedge as shown on the Final Landscape Plan shall be installed and maintained along the exterior of the iron rail fence along Marron Road at all times for screening purposes. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and Planning. Prior to occupancy of the first dwelling unit the Developer shall provide all passive and active recreational areas per the approved plans, including landscaping and recreational facilities. Prior to the issuance of the grading permit, Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a) Site Development Plan by Resolution No. 5172 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. PC RES0 NO. 5172 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21. 22. 23. 24. 25. 26. 27. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot high masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal Code Chapter 21.105. Location of said receptacles shall be located as shown on Exhibit “A”. The enclosure located adjacent to Marron Road between Buildings 1 and 2 shall be constructed with the identical rock veneer proposed for the main structures. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the Planning Director. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so required, the Developer shall submit and obtain approval of the Fire Chief and the Planning Director of an Outdoor Storage Plan, and thereafter comply with the approved plan. Developer shall submit and obtain Planning Director approval of an exterior lighting plan including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. Developer shall construct, install and stripe not less than 305 parking spaces, as shown on Exhibit “A”. Developer shall dedicate an open space easement by separate document for open space identified on the site development plan that is to be set aside as part of the Citywide Open Space System to prohibit any encroachment or development, including but not limited to fences, walls, decks, storage buildings, pools, spas, stairways and landscaping, as shown on Exhibit “A”. Removal of native vegetation and development of dedicated Open Space, including but not limited to fences, walls, decks, storage buildings, pools, spas, stairways and landscaping, other than that approved as part of (the grading plan, improvement plans, biological revegetation program, landscape plan, etc.) as shown on Exhibit “A” - “R”, is specifically prohibited, except upon written order of the Carlsbad Fire Department for fire prevention purposes, or upon written approval of the Planning Director, based upon a request from the property owner accompanied by a report from a qualified arboristhotankt indicating the need to remove specified trees and/or plants because of disease or impending danger to adjacent habitable dwelling units. For areas containing native vegetation the report required to accompany the request shall be prepared by a qualified biologist. Prior to issuance of a grading permit, the Developer shall execute a document or documents to the satisfaction of the Planning Director and the City Attorney which accomplish at a minimum the following: A. continued ownership of the open space lot by the Developer or its successor in interest; B. while in continued private ownership, active maintenance to protect and preserve the quality of the habitat (including but not limited to reasonable prevention of trespass); and PC RES0 NO. 5172 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C. transfer of ownership and maintenance responsibility at some future date to the City or its designee simultaneous with transfer of funding or other acceptable financial mechanism to provide for management and conservation in perpetuity. (The cost of management is currently estimated to be approximately $85.00 per year). 28. Prior to issuance of a grading permit, the Developer shall: 1) consult with the California Department of Fish and Game regarding the wetland impacts to the project; and 2) obtain a Section 1603 Streambed Alteration Agreement. Enpineerinp: General 29. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. 30. Prior to issuance of any building permit, Developer shall comply with the requirements of the City’s anti-graffiti program for wall treatments if and when such a program is formally established by the City. 3 1. Developer shall install sight distance corridors at all street intersections in accordance with Engineering Standards. FeedAgreements 32. Developer shall cause property owner to execute and submit to the City Engineer for recordation, the City’s standard form Geologic Failure Hold Harmless Agreement. 33. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City’s standard form Drainage Hold Harmless Agreement regarding drainage across the adjacent property. 34. Prior to approval of any grading or. building permits for this project, Developer shall cause Owner to give written consent to the City Engineer to the annexation of the area shown within the boundaries of the subdivision into the existing City of Carlsbad Street Lighting and Landscaping District No. 1, on a form provided by the City Engineer. Grading 35. Prior to the issuance of a grading permit or building permit, whichever occurs first, Developer shall submit to the City Engineer proof that a Notice of Intention for the start of work has been submitted to the State Water Resources Control Board. 36. Based upon a review of the proposed grading and the grading quantities shown on the site plan, a grading permit for this project is required. Developer shall apply for and obtain a grading permit from the City Engineer. PC RES0 NO. 5172 -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dedicationshmprovements 37. Developer shall cause Owner to make an irrevocable offer of dedication to the City and/or other appropriate entities for all public streets and other easements shown on the site plan. The offer shall be made by a separate recorded document. All land so offered shall be offered free and clear of all liens and encumbrances and without cost. Streets that already public are not required to be rededicated. 38. Developer shall execute and record a City standard Development Improvement Agreement to install and secure with appropriate security as provided by law, public improvements shown on the site plan and the following improvements including, but not limited to paving, base, sidewalks, curbs and gutters, grading, clearing and grubbing, undergrounding or relocation of utilities, sewer, water, fire hydrants, street lights, retaining walls and signing and striping, to City Standards to the satisfaction of the City Engineer. Curb and gutter, sidewalk, paving, street lights, signing and striping on Marron Road to complete improvements to Secondary Arterial standards. Public storm drain in Marron Road from the site to the existing 54” r.c.p. parallel with El Camino Real. Public water main to connect to the existing 10” water main behind the existing Carlsbad Plaza Shopping Center. Curb and gutter, sidewalk, paving, street lights, signing and striping on Haymar Drive to provide a minimum 40-foot paved surface, with appropriate transitions to existing improvements to the satisfaction of the City Engineer. Signing and striping on existing Avenida de Anita and the primary project entrance. Improvements listed above shall be constructed within 18 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. 39. The developer shall execute and record a City standard Development Improvement Agreement for the design and construction of traffic signal improvements for the intersection of Avenida de Anita and Marron Road and secure with appropriate security as provided by law. The agreement will be for a five year period. The five year period starts with the release of the security for public improvements. If, during that five years, the City Engineer determines that the signal is needed, the developer shall install the signal within six months of receiving written notice to do so. 40. Prior to issuance of a grading permit, the owner shall apply for and receive approval of a lot line adjustment to consolidate the open space into a single lot. PC RES0 NO. 5172 -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 41. 42. 43. 44. 45. 46. 47. Project secondary access is to be gated to allow egress only. Ingress for emergency equipment to be provided by box box to the satisfaction of the Fire Marshall. Adequate prohibitions to ingress by other than emergency equipment to be provided to the satisfaction of the City Engineer. Developer to increase project drainage to the north to match pre-development flows to the satisfaction of the City Engineer. Marron Road shall be dedicated by Owner along the project frontage based on a center line to right-of-way width of 42 feet and in conformance with City of Carlsbad Standards. Prior to the issuance of grading permit or building permit, whichever occurs first, the applicant shall submit for City approval a “Storm Water Pollution Prevention Plan (SWPPP)”. The SWPPP shall be in compliance with current requirements and provisions established by the San Diego Region of the California Regional Water Quality Control Board. The SWPPP shall address measures to reduce to the maximum extent possible storm water pollutant runoff at both construction and post-construction phases of the project. At a minimum, the Plan shall: 1) Identify existing and post-development on-site pollutants. 2) Recommend treatment control Best Management Practices (BMPs) to filter said pollutants. 3) Establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to maintenance personnel education on the proper procedures for handling clean up and disposal of pollutants. 4) Ensure long-term maintenance of all post construction BMPs in perpetuity. 5) Identify how post-development runoff rates and velocities from the site will not exceed the pre-development runoff rates and velocities for a 10-year, 6- hour storm event. If maintaining post-development rates at pre-development levels cannot be achieved, adequate justification subject to the City Engineer’s approval must be provided. Prior to Building Permit issuance, Developer shall have design, apply for and obtain approval of the City Engineer, for the structural section for the access aisles with a trafEc index of 5.0 in accordance with City Standards due to truck access through the parking area and/or aisles with an ADT greater than 500. The structural pavement design of the aisle ways shall be submitted together with required R-value soil test information and approved by the City Engineer as part of the building or grading plan review whichever occurs first. No grading permit for the project shall be issued until the commencement of construction of the College Boulevard and Cannon Road connection or November 2002, whichever occurs first. Prior to occupancy of the 97th market rate unit, construction of College Boulevard PC RES0 NO. 5172 -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 from Carlsbad Village Drive to Cannon Road and Cannon Road from College Boulevard to El Camino Real shall be substantially completed to the satisfaction of the City Engineer. - Fire: 48. All buildings shall be equipped with automatic fire sprinklers and alarms. 49. Fire hydrant locations must be approved by the Fire Department 50. Carports located in fire suppression zones must be constructed of non-combustible material. Code Reminders The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 51. 52. 53. 54. 55. 56. Developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.1 6 (the Grading Ordinance) to the satisfaction of the City Engineer. Some improvements shown on the Site Plan and/or required by these conditions are located offsite on property which neither the City nor the owner has sufficient title or interest to permit the improvements to be made without acquisition of title or interest. The Developer shall immediately initiate negotiations to acquire such property. The Developer shall use its best efforts to effectuate negotiated acquisition. If unsuccessful, Developer shall demonstrate to the City Engineer its best efforts, and comply with the requirements of the Carlsbad Municipal Code Section 20.16.095 to notify and enable the City to successfully acquire said property by condemnation. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the Site Plan are for planning purposes only. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. The project shall comply with the latest non-residential disabled access requirements pursuant to Title 24 of the State Building Code. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. PC RES0 NO. 5 172 -10- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 57. 58. ... Any signs proposed for this development shall at a minimum be designed in conformance with the City’s Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. Prior to issuance of building permits, Developer shall pay drainage area fee in accordance with the Carlsbad Municipal Code. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from date of final approval to protest imposition of these feedexactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any feedexactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. ... ... ... ... ... ... ... ... ... PC RES0 NO. 5 172 -1 1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 21 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on the 1st day of May, 2002, by the following vote, to wit: AYES: Chairperson Trigas, Commissioners Baker, Heineman, Segdl, White, and Whitton NOES: Commissioner Dominguez ABSENT: ABSTAIN: SEENA TRIGAS, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. H~ZMIELER Planning Director PC RES0 NO. 5172 -12-